"ON THE STATUS OF JUDGES AND PROSECUTORS
IN THE REPUBLIC OF ALBANIA
" | 96/2016

Article 7: Limitations of Office

"ON THE STATUS OF JUDGES AND PROSECUTORS
IN THE REPUBLIC OF ALBANIA
" | 96/2016

Article 7: Limitations of Office

1While exercising the function, the magistrate shall not:

adisclose data or information to the public on cases assigned to the magistrate;

bdisclose opinions given during an investigations or trial session, except where the opinion has been published in the form of a decision;

cmake public declarations that might lead to a perception that the magistrate is biased or partial in a certain case.

2The provisions of paragraph 1 of this Article do not prohibit a magistrate to assume the responsibility as press magistrate in regard to public relations at courts and prosecution offices.

3A magistrate may not take part in a strike action.

4A magistrate is prohibited:

ain administering, directing, or influencing on any commercial or any profit-making companies, personally or by representation;

bactively owning shares or parts of capital in commercial companies in accordance with the legislation on the prevention of conflicts of interest in force,

cpassively owning shares or parts of capital in commercial companies, if the company is gaining profits or benefits from public contracts in accordance with the legislation on the prevention of conflicts of interest in force;

çpassively owning shares or parts of capital in commercial companies in which the magistrate’s activity would be prohibited because it could compromise the magistrate’s independence, give rise to a conflict of interest or otherwise lead to a perception of bias or partiality; and

dacting as expert before the domestic courts or arbiter in a commercial arbitration.

5The chairperson shall notify the Council in cases when he/she has a reasonable basis to believe that a magistrate of the respective court or prosecution office does not comply with the requirements of this provision.